Power of Temp Admin to Collect and Preserve Exist, however Heir does not want to allow - How do I compel them or enforce this with the Court or Judge ? We sent Certified Letter with Orders stating access to Assets they refuse, the house and entire contents belong to estate, do we get the Sheriff to go with the Orders with us, or the Baliff from the Court by the Judges Enforcement order ? What to do with Stubborn Heir and Temp Admn. Orders already given to make that happen ?
You need to file to obtain an order from the court. Then you need to obtain the order from the court and the sherreff can accompany you to enforce the order.
The process is more complex, however, and your local rules may have significant impacts on the procedures for carrying this out. Your time would be better spent paying an attorney - but if you demand doing it yourself then make sure you read up on your local rules.
Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC
Divorce / Separation Lawyer
The fact that your post is almost impossible to ascertain tells me that while every pro se litigant in probate court nees a lawyer, you especially need one, partly because you have a contested matter and partly because if the lawyers here are unsure of what you posted, you will do badly in front of a judge if he also can't figure out your issue. Get a lawyer and do it YESTERDAY! It matters.
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at email@example.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
Having read your added comments that Mr. Ashman did not have the benefit of seeing before he responded, I need to ask you: Are there any probate assets? If all of the property was jointly owned by your father and his wife, or if she was named as beneficiary, then the presence or absence of a Will is completely irrelevant. You only have a right to enforce your order if there is an estate subject to it. You need to check with the public records to see how the house is titled. If you find that the title is in their name as husband and wife, or as joint tenants with rights of survivorship, then you have no rights to the house. The contents *may* be another matter, but you would need to prove your claim to them.
You would benefit a great deal from the assistance of an attorney.
***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!